By: Buckley H.B. No. 316
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the advertising and labeling of certain meat food
  products.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subtitle A, Title 6, Health and Safety Code, is
  amended by adding Chapter 433A to read as follows:
  CHAPTER 433A. TEXAS MEAT AND IMITATION FOOD ACT
         Sec. 433A.0001.  DEFINITIONS. In this chapter:
               (1)  "Advertising" means a representation disseminated
  in any manner or by any means, other than by labeling, for the
  purpose of inducing, or that is likely to induce, directly or
  indirectly, the purchase of food.
               (2)  "Beef" means any edible portion of a formerly live
  and whole cattle carcass, not derived by synthetic or artificial
  means.
               (3)  "Chicken" means any edible portion of a formerly
  live and whole poultry carcass, not derived by synthetic or
  artificial means.
               (4)  "Food" means:
                     (A)  articles used for human food or drink; and
                     (B)  articles used as components for those
  articles.
               (5)  "Label" means a display of written, printed, or
  other graphic matter on an article or the immediate container,
  other than a package liner, of an article.
               (6)  "Labeling" means:
                     (A)  a label; or
                     (B)  other written, printed, or graphic material
  on an article or any container or wrapper of an article, or
  accompanying an article.
               (7)  "Livestock" means cattle, sheep, swine, goats, and
  poultry.
               (8)  "Meat" means any edible portion of a livestock
  carcass that does not contain lab-grown, cell cultured, insect, or
  plant-based food products.
               (9)  "Misrepresent" means the use of a false,
  misleading, or deceptive oral or written statement, advertisement,
  label, display, picture, illustration, or sample.
               (10)  "Pork" means any edible portion of a formerly
  live and whole swine carcass, not derived by synthetic or
  artificial means.
         Sec. 433A.0002.  RULES. The executive commissioner shall
  adopt rules as necessary to implement and enforce this chapter. A
  violation of a rule adopted under this chapter is a violation of
  this chapter.
         Sec. 433A.0003.  MISBRANDED FOOD. A food advertised or
  labeled as containing or imitating meat shall be considered
  misbranded if:
               (1)  any part of its labeling is false or misleading;
               (2)  the food is misrepresented as harvested meat
  through the use of any misleading or deceptive advertising or
  labeling;
               (3)  any portion of the food's advertising or labeling
  suggests or implies that the food imitates meat, beef, chicken, or
  pork when the food does not;
               (4)  the food includes a label stating "meat," "beef," 
  "chicken," "pork," or any common variation of those terms, if the
  food does not contain the products listed on the label; and
               (5)  the food's label includes a claim comparing the
  food's nutritional value to that of meat without disclosing the
  human benefit of the food.
         Sec. 433A.0004.  DETERMINATION OF MISLEADING LABELING OR
  ADVERTISING. If a food is alleged to be misbranded because the
  labeling or advertising is misleading, the department in
  determining whether the labeling or advertising is misleading shall
  consider, among other characteristics:
               (1)  a representation made or suggested by a statement,
  word, design, device, sound, or any combination of these; and
               (2)  the extent to which the labeling or advertising
  suggests the food is:
                     (A)  authentic meat;
                     (B)  a meat product; or
                     (C)  derived from livestock in any form.
         Sec. 433A.0005.  CERTAIN ACTIVITIES PROHIBITED. A person
  may not:
               (1)  adulterate or misbrand food that is subject to
  this chapter;
               (2)  introduce or deliver for introduction into
  commerce food that is adulterated or misbranded under this chapter;
  or
               (3)  receive in commerce any food that is adulterated
  or misbranded under this chapter with the intent to deliver or
  introduce the food into commerce for payment.
         Sec. 433A.0006.  INJUNCTION. (a) The department, or
  attorney general on the department's request, may petition a
  district court for a temporary restraining order to restrain a
  continuing violation of this chapter or a threat of a continuing
  violation of this chapter if the department finds that:
               (1)  a person has violated, is violating, or is
  threatening to violate this chapter; and
               (2)  the violation or threatened violation creates an
  immediate threat to public health and safety.
         (b)  A district court, on petition of the department or
  attorney general, and on a finding by the court that a person is
  violating or threatening to violate this chapter, shall grant any
  injunctive relief warranted by the facts.
         (c)  Venue for a suit brought under this section is in the
  county in which the violation or threat of violation is alleged to
  have occurred or in Travis County.
         (d)  The department and the attorney general may each recover
  reasonable expenses incurred in obtaining injunctive relief under
  this section, including investigative costs, court costs,
  reasonable attorney's fees, witness fees, and deposition expenses.
  The expenses recovered by the department may be used by the
  department for the administration and enforcement of this chapter.
  The expenses recovered by the attorney general may be used by the
  attorney general.
         Sec. 433A.0007.  DETAINED, EMBARGOED, OR REMOVED FOOD. (a)
  The department shall affix to a food subject to this chapter a tag
  or other appropriate marking that gives notice that the food is, or
  is suspected of being, adulterated or misbranded under this chapter
  and that the food has been detained or embargoed if the department
  finds or has probable cause to believe that the food:
               (1)  is adulterated under this chapter;
               (2)  is misbranded in a manner that renders the food
  dangerous or fraudulent under this chapter; or
               (3)  violates Section 433A.0005.
         (b)  The tag or marking on a detained or embargoed food must
  warn persons not to use the food, remove the food from the premises,
  or dispose of the food by sale or otherwise until the department or
  a court grants permission for the use, removal, or disposal of the
  food.
         (c)  A person may not use a detained or embargoed food,
  remove a detained or embargoed food from the premises, or dispose of
  a detained or embargoed food by sale or otherwise without
  permission of the department or a court. The department may allow
  perishable foods to be moved to a place suitable for storage.
         (d)  The department shall remove the tag or other marking
  from an embargoed or detained food if the department finds that the
  food is not adulterated or misbranded under this chapter.
         (e)  If the claimant of the detained or embargoed food or the
  claimant's agent fails or refuses to transfer the food to a secure
  place after the tag or other appropriate marking has been affixed as
  provided by this section, the department may order the food
  transferred to one or more secure storage areas to prevent the
  unauthorized use, removal, or disposal of the food.
         Sec. 433A.0008.  CORRECTION OF VIOLATION. (a) A court may
  order the delivery of a sampled food or a detained or embargoed food
  that is adulterated or misbranded under this chapter to the
  claimant of the food for labeling or processing under the
  supervision of the department if:
               (1)  the court orders the delivery in a suit
  challenging the detention or embargo;
               (2)  the costs, fees, and expenses of the suit have been
  paid;
               (3)  the adulteration or misbranding can be corrected
  by proper labeling or processing; and
               (4)  a good and sufficient bond, conditioned on the
  correction of the adulteration or misbranding by proper labeling or
  processing, has been executed.
         (b)  The claimant shall pay the costs of the supervision
  under this section.
         (c)  The court shall order the food returned to the claimant
  and the bond discharged on the department's representation to the
  court that the food no longer violates this chapter and that the
  expenses of the supervision are paid.
         SECTION 2.  As soon as practicable after the effective date
  of this Act, the executive commissioner of the Health and Human
  Services Commission shall adopt rules as necessary to implement
  Chapter 433A, Health and Safety Code, as added by this Act.
         SECTION 3.  This Act takes effect September 1, 2021.